Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance to wife and children - Dispute as to paternity of children - DNA test - Husband refused to go for DNA test - Refusal to undergo DNA test in a paternity dispute can lead to an adverse inference against refusing party - Husband cannot deny paternity of children when he refuses to..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Drill of S.202 Cr.P.C is mandatory in nature - Summoning order passed without following drill of S.202 Cr.P.C. set aside - Matter remanded...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Panch witnesses have not supported case of prosecution - Failure to conclude trial within a reasonable time resulting in prolonged incarceration militates against fundamental right guaranteed u/art 21 of Constitution - Conditional liberty..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor daughter - If husband deserted wife irrespective of his financial status, he is bound to maintain his wife and minor children - Husband under the garb that he has lost his employment, cannot shy away from his responsibility of maintaining wife and minor daughter - Maintenance @ Rs.7000 pm..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor daughter - If husband deserted wife irrespective of his financial status, he is bound to maintain his wife and minor children - Husband under the garb that he has lost his employment, cannot shy away from his responsibility of maintaining wife and minor daughter - Maintenance @ Rs.7000 pm..........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Setting aside - Starting point of limitation for setting aside ex parte order of maintenance starts from the date of acquiring knowledge by a party about the said order and not from the date of order itself...........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Setting aside - Service of summons - Family Court proceeded ex parte against husband after simply noting that registered cover notice issued received back with the report of refusal - Details of such refusal are missing in the said order - Moreover, there is total non-compliance of provisions of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Antecedents of accused is not clean as he is involved in different criminal cases of cheating and number of complaints u/s 138 of the Act registered against him - Though accused had already undergone the sentence of 2 years, however, he refused to pay the compensation amount of Rs.10 lakhs -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, 406, 120B -- Second bail application - Dowry death - Accused No.1 is a lady aged about 65 years and has suffered incarceration for about 7 months and 26 days - She is not involved in any other case - Total 18 PWs have been cited and culmination of trial will take its own time - Nothing..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, 506, 34 -- Cancellation of bail - Dowry death - Issue whether there were specific allegation with regard to demand of dowry, giving beatings to accused, cannot be looked into at this stage and shall be essentially gone into during the course of trial - Bail granted to accused after..........
